§ 500. Administrative practice; general provisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1967

   Pub. L. 90–83 § 1(1)(A) · 81 Stat. 195

   Enacted · 5 U.S.C. § 500

   Added Pub. L. 90–83, § 1(1)(A), Sept. 11, 1967, 81 Stat. 195

   Source evidence

   Code source credit
   Added Pub. L. 90–83, § 1(1)(A), Sept. 11, 1967, 81 Stat. 195

   Enacted provision · exact public law section
   (1) (A) Subchapter I of chapter 5 is amended by inserting the following new section at the beginning thereof: “§ 500. Administrative practice; general provisions “(a) For the purpose of this section— “(1) ‘agency’ has the meaning given it by section 551 of this Definitions. title; and “(2) ‘State’ means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. “(b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. “(c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. “(d) This section does not— “(1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; “(2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; “(3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or “(4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. “(e) Subsections (b)–(d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue to be covered by chapter 3 (sections 31–33) of title 35. 66 Stat. 795. “(f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient.” (B) The analysis of chapter 5 is amended by inserting the following new item before item 501: “500. Administrative practice; general provisions.”.

2. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(b)(2) · 113 Stat. 1501

   Substituted · 5 U.S.C. § 500(e)

   Pub. L. 106–113 substituted “United States Patent and Trademark Office” for “Patent Office”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 106–113 substituted “United States Patent and Trademark Office” for “Patent Office”.

   Effective date note
   Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

1 of 2 references resolved to an enrolled provision · 1 partial